Except at the request of or with the consent of the client, no licensed professional counselor, as defined in § 54.1- 3500; licensed clinical social worker, as defined in § 54.1-3700; licensed psychologist, as defined in § 54.1-3600; or licensed marriage and family therapist, as defined in § 54.1-3500, shall be required in giving testimony as a witness in any civil action to disclose any information communicated to him in a confidential manner, properly entrusted to him in his professional capacity and necessary to enable him to discharge his professional or occupational services according to the usual course of his practice or discipline, wherein such person so communicating such information about himself or another is seeking professional counseling or treatment and advice relative to and growing out of the information so imparted; provided, however, that when the physical or mental condition of the client is at issue in such action, or when a court, in the exercise of sound discretion, deems such disclosure necessary to the proper administration of justice, no fact communicated to, or otherwise learned by, such practitioner in connection with such counseling, treatment or advice shall be privileged, and disclosure may be required. The privileges conferred by this section shall not extend to testimony in matters relating to child abuse and neglect nor serve to relieve any person from the reporting requirements set forth in § 63.2-1509.
§ 8.01-400.2.Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section).
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 2005 · Last verified July 16, 2026
In one sentenceThis section shields licensed professional counselors, clinical social workers, psychologists, and marriage and family therapists from having to disclose confidential client communications made during counseling or treatment, unless the client’s physical or mental condition is at issue or a court finds disclosure necessary to justice, and it never excuses a professional from Virginia’s child abuse and neglect reporting duties.
Full Text of § 8.01-400.2
Plain-English Summary
Counseling only works if clients believe what they say stays between them and their therapist. Section 8.01-400.2 backs that belief with a testimonial privilege covering four types of licensed mental health professionals: professional counselors, clinical social workers, psychologists, and marriage and family therapists. None of them can be required, as a witness in a civil action, to disclose confidential information a client entrusted to them for professional counseling, treatment, or advice — unless the client requests or consents to the disclosure.
Like the physician-patient privilege it parallels, this one gives way when the client’s own physical or mental condition becomes an issue in the lawsuit, or when a court decides that disclosure serves the sound administration of justice. In either case, facts the practitioner learned in the course of counseling or treatment lose their privileged status and can be required.
The section draws one line that never bends: the privilege does not extend to testimony about child abuse and neglect, and it never relieves anyone of the separate legal duty to report suspected abuse or neglect. Protecting a client’s confidences does not come at the expense of a child’s safety.
Frequently Asked Questions
Which professionals does this privilege cover?
Licensed professional counselors, licensed clinical social workers, licensed psychologists, and licensed marriage and family therapists, each as defined in the referenced sections of Title 54.1.
When can a court require a therapist to disclose confidential client information?
When the client’s physical or mental condition is at issue in the action, or when the court, in its discretion, deems disclosure necessary to the proper administration of justice.
Does this privilege ever excuse a therapist from reporting child abuse?
No, the privileges conferred by this section do not extend to testimony in matters relating to child abuse and neglect and do not relieve anyone from the reporting requirements set forth in § 63.2-1509.
Can the client waive this privilege?
Yes, the privilege does not apply when the disclosure is made at the request of, or with the consent of, the client.
Is this privilege similar to the physician-patient privilege?
It follows a similar structure, protecting confidential communications made in the course of professional treatment or counseling while giving way once the client’s condition is at issue or a court orders disclosure in the interest of justice.
Amendment History
1982, c. 537; 2005, c. 110.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia therapist client privilegeva code 8.01-400.2virginia counselor privilege civil casepsychologist testify privilege virginiasocial worker confidentiality privilege virginia